N.Y. Dom. Rel. Law § 220

§ 220. Special proceeding to dissolve marriage on the ground of\nabsence. A special proceeding to dissolve a marriage on the ground of\nabsence may be maintained in either of the following cases:\n 1. Where the petitioner is a resident of this state and has been a\nresident thereof for one year immediately preceding the commencement of\nthe special proceeding.\n 2. Where the matrimonial domicile at the time of the disappearance of\nthe absent spouse was within the state.\n